Lady receives $70,000 in compensation after breast implant explodes following motor vehicle accident

Published 16 Mar 2018

Mrs A was driving along Seven Hills Road, Seven Hills in the State of New South Wales when she collided with an oncoming vehicle that crossed over onto her path of the road hitting the front driver’s side of her car causing her to jolt forward and back rapidly. In doing so, her body collided with the steering wheel and she sustained injuries to her neck and bruising to her right breast.

Ambulance and Police were called and she was conveyed to hospital where further investigations were carried out which revealed that she had a leak in one of her implants. Bruising began to emerge in the right breast and she required emergency surgery in order to replace the implant.

Mrs A was unsure as to whether or not she had a complaint for compensation and contacted our office for a no obligation consultation.

Action taken:-

A personal injury claim form was lodged on behalf of Mrs A against the third party insurance company of the oncoming vehicle at fault. The insurer accepted liability for the accident and agreed to pay Mrs A’s treatment expenses.

Mrs A could not return to work following the accident and therefore she began to experience financial hardship. An application was made to the insurance company who agreed to assist Mrs A by releasing some of her loss of income to her now as opposed to later by way of a hardship payment.

When Mrs A’s condition had stabilised she was an assessed by an orthopaedic surgeon, a plastic surgeon, a psychiatrist and an occupational physician. These doctors provided an opinion as to the level of Mrs A’s injury, her potential need for future ongoing treatment, the effect of her injury on her capacity to work and the need for domestic care and assistance as a result of the injury.

The reports were served onto the insurer who then invited our firm to participate in a settlement conference. After extensive negotiations Mrs A decided to accept the insurer’s offer which would clear her in the vicinity of $300,000.00.

Conclusion:-

Mrs A was thrilled with the result as initially she thought she may have some rights to compensation but never in her wildest imagination did she ever think that she was entitled to such a significant tax free sum. Mrs A was very grateful as she also had a daughter and she had plans to use the funds in a positive manner to hopefully allow her to generate more income given her inability to return to full-time employment.

If you have had a motor vehicle accident and you are unsure as to your rights to claim then please contact Gerard Malouf & Partners on our toll free number 1800 004 878 for a free no obligation consultation with one of our accredited personal injury specialists.